Applying the Straftoemetingsleiddraad in a Corruption Case in Indonesia

Abstract

Criminal Disparity in a corruption case is unacceptable in philosophical reasoning, sociologically, or even from the perspective of legal objectives, which in theory and factual facts lead to judicial caprise and the presumption of judicial corruption in the verdict, where it will adversely affect the fair justice of the convicted or for the Indonesian people as victims of corruption. Criminal Law gives alternative in order to give pressure the criminal disparity through straftoemetingsleiddraad or guidance of sentencing of the judges in prosecuting without violating the principle of freedom of judges, either through the Indonesian Supreme Court Regulations for now as ius constitutum, or through the legislation process of the Anti-Corruption Act for the future as ius constituendium.